Are Your Medical Records Safe in Storage?
Recently, The Doctors Company has become aware that the practices of some record storage companies regarding retention and destruction of patient records are inconsistent with our recommendations.
One company apparently offers to release the original record when the patient signs a release or waiver. Another incident involved a record storage company that destroyed records without the physician’s knowledge or authorization. Initially, the company said that the records were destroyed pursuant to the physician’s written request but later acknowledged its error.
Every physician should review his or her contract with the record storage company carefully or seek a legal review to ensure that the storage company maintains the records securely and properly. You should confirm that the company cannot destroy records without your express written authorization.
The Doctors Company recommends that, at a minimum, medical records for adults be retained for 10 years after the last date of treatment, and medical records for children should be retained until their 28th birthday. In addition, make sure that the record storage company does not release the original record to the patient or to anyone, even if the company gets a “release” for the record. The original record should be retained in the event that there is future litigation and a copy needs to be provided to the patient or an authorized representative.
If you have any questions, please feel free to contact your regional patient safety/risk manager or the Department of Patient Safety at (800) 421-2368, extension 1243, for assistance.
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The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each health care provider in light of all circumstances prevailing in the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.